1. Requests for clarification of agenda items listed on the agenda for August 17, 2010.
2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding gas well drilling and production as amended by Ordinance No. 2010-181. (DCA10-0006)
3. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consider and discuss the status of legal issues relating to the settlement of City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv-00173 and subsequent claims and provide direction to the city's attorneys regarding same.
2. Consult with City's attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction.
3. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding a request for an economic development incentive for Grand Mesa, LLC for a portion of the Granite Point development located on I-35W south of Airport Road.
B. Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087.
1. Deliberate the offer of a financial or other incentive to Sykes-Vaughan Investments, LLC, a business prospect that the City of Denton seeks to have locate, stay, or expand in or near the Denton Municipal Airport.
C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086.
1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters.
The City Council will attend a reception for Board and Commission members on Tuesday, August 17, 2010 at 5:30 p.m. in the Council Work Session Room at City Hall.
The City Council will convene in the Council Chambers at 6:00 p.m. at which time the following items will be considered:
1. Consider approval of a resolution of appreciation for retiring Board/Commission members.
2. Oath of Office for New and Continuing Board Members.
A. Consider a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval.
B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0).
C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education, Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4551-Interlocal Agreement with Harris County Department of Education).
D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHill, Inc., a consulting and engineering firm for services implementing the Hickory Creek Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof; providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0).
E. Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95).
F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments LLC which includes among other provisions the right to sell aviation fuel to the public for a five-percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0).